Legal

This agreement is drawn up under Law No. 6502 on Consumer Protection, the Regulation on Distance Contracts and Law No. 6563 on the Regulation of Electronic Commerce. Version: R19-2026-10-09 · Effective date: 09.10.2026 (9 October 2026)

Article 1 – Parties

1.1. Seller

• Name / trade name: Salim Ayaz, sole proprietorship operating under the brand "İsmet Peyzaj"
• Address: Çiftlik Mahallesi, İhsaniye Adnan Menderes Caddesi No: 339, Gölcük / Kocaeli, Türkiye
• Telephone: +90 543 309 32 56
• E-mail: info@ismetpeyzaj.com
• Website: https://ismetpeyzaj.com
• Tax office and tax identification number: Gölcük Tax Office · 1080066826

1.2. Buyer

The Buyer is the person identified by the full name (the company name for business buyers), telephone, e-mail address, delivery and invoice address given on the order form when placing the order. The Buyer may place an order with or without an account; no account or password is created for an order placed without an account.

Consumers and commercial buyers: A natural or legal person who buys for purposes that are not commercial or professional is a consumer; the right of withdrawal, the consumer rights on defective goods and the consumer arbitration committee route apply only to consumers. Whether the buyer is a consumer is determined not by the "individual" or "business" buyer type selected on the order form but by whether the purchase is made for commercial or professional purposes. For Buyers who purchase for commercial or professional purposes (for example companies buying for their business), the consumer-specific provisions in Article 7, Article 8 and Article 12 do not apply; the general provisions on performance and defects (Turkish Code of Obligations and Turkish Commercial Code) apply to these Buyers.

Article 2 – Definitions

• Site: the website at https://ismetpeyzaj.com.
• Product: goods offered for sale on the Site, such as live plants, turf rolls, seeds, soil, fertiliser, pots, irrigation and lighting products, decorative stone and garden furniture.
• Order Summary: the summary shown before the order is confirmed, containing the products, quantities, prices, discounts, delivery fee and total price.
• Pre-Contract Information: the information listed in Article 5 of the Regulation on Distance Contracts, set out in Annex 1 of this agreement.
• Durable medium: e-mail, web page and similar media that allow the Buyer to record information sent to them so that it can be examined for a reasonable time and copied unchanged.

Article 3 – Subject and scope

The subject of this agreement is the sale, price and delivery of the Products that the Buyer orders electronically through the Site, and the rights and obligations of the parties. The basic characteristics of each Product, its sale price and its stock/sourcing information are on the relevant product page; the ordered Products, quantities and total price are in the Order Summary. The Order Summary and the Pre-Contract Information form an integral part of this agreement.

This agreement covers the sale of goods only. Landscape survey, design, installation and maintenance services are not part of products ordered through the Site; they are subject to the Seller's quotation and a separately concluded service contract.

Article 4 – Pre-contract information, confirmation and formation of the contract

4.1. Before confirming the order the Buyer confirms electronically that they have read and accepted the Pre-Contract Information and this agreement. If this is not confirmed, the contract is deemed not to have been formed (Regulation on Distance Contracts Article 7).

4.2. By completing the "Confirm order" step the Buyer accepts that placing the order creates an obligation to pay (Regulation Article 8; Law No. 6502 Article 48/2).

4.3. The Seller confirms to the Buyer without delay, by electronic means, that the order has reached the Seller (Law No. 6563 Article 4/1-b). The Buyer can correct errors in the information entered while ordering before confirming the order.

4.4. The contract is formed when, after the Buyer has confirmed the order, the Seller confirms electronically (on the order-received page and in the order-received e-mail) that the order has been received. The delivery period runs not from this moment but from the moment the order reaches the Seller (Regulation Article 16/1).

4.5. The Seller retains the accepted version of this agreement and of the Pre-Contract Information and the order record for at least three years under Regulation Article 20. The Buyer can always access the agreement on this page of the Site, and can save the terms on their own device or print them.

Article 5 – Price, payment and invoice

5.1. Prices shown on the Site and in the Order Summary are in Turkish Lira and include VAT (KDV). The total price consists of the Product price, any delivery fee and any discount/coupon amount and is clearly shown to the Buyer before the order is confirmed. No additional charge beyond the Order Summary can be requested without the Buyer's separate explicit consent (Regulation Article 19).

5.2. No online payment is taken through the Site; credit or debit card details are not requested, processed or stored. The accepted payment method is bank transfer/EFT. Payment is made after the order is placed, to the bank account that the Seller notifies to the Buyer when contacting them.

5.3. The Seller marks the payment as received in the order record and notifies the Buyer by e-mail. For an order awaiting payment the Products are reserved for the Buyer; the Seller may cancel an order for which payment is not made within four (4) days of the order being placed, and notifies the Buyer of the cancellation. The Buyer's right to ask to cancel the order without waiting for this period to expire is reserved.

5.4. The Seller issues an e-Arşiv invoice for the sale. The invoice details (name/trade name, address; for business Buyers the tax office and tax or Turkish ID number) are based on the information the Buyer gave when ordering; the Buyer is responsible for the accuracy of this information. The "Order and Payment Document" that the Seller may send is not a tax invoice or e-Arşiv invoice.

Article 6 – Delivery

6.1. Delivery methods: (a) delivery by appointment with the Seller's own vehicle to the twelve districts of Kocaeli; (b) delivery by cargo outside Kocaeli, only for Products marked "Can be shipped by cargo" on the product page; for delivery by cargo the Seller chooses the carrier. Products marked "Kocaeli only" on the product page are not sent outside Kocaeli. The delivery method and fee are shown in the Order Summary once the address is selected. No delivery fee is charged on orders above the free-delivery amount stated on the Site.

6.2. Period: The Seller's standard delivery target is 3–5 business days from the moment payment reaches the Seller; this is a target, and the exact delivery date and time slot are agreed with the Buyer by telephone. The maximum period the Seller commits to is thirty days from the date the order reaches the Seller; in no case may the Seller exceed this period (Regulation Article 16/1). A time slot chosen in the order is a preference.

6.3. Stock and supply on request: A Product being out of stock does not mean performance has become impossible (Regulation Article 16/4); delivery is still made within the thirty-day period. Products marked "supplied on request" are sourced from a supplier after the order; the available size, form and stock are confirmed after the order. Where performance of the ordered goods or service becomes impossible, the Seller notifies the Buyer in writing or through a durable medium within three days of learning of it and refunds all payments collected, including any delivery costs, within fourteen days of the notice at the latest (Regulation Article 16/4).

6.4. Handover and inspection: The Products are delivered to the Buyer or to a person the Buyer designates. In deliveries made with the Seller's own vehicle, live plants and turf rolls are inspected together with the Buyer at delivery. If the Buyer notices at delivery that Products are damaged, missing or not as ordered, they should tell the delivering staff immediately and may ask for a report to be drawn up; for cargo deliveries the parcel can be inspected in front of the courier. Not inspecting or not notifying at delivery does not remove the Buyer's statutory rights regarding defects and withdrawal.

6.5. Failed delivery: If the Buyer is not at the address or refuses delivery, a new delivery appointment is arranged. Any extra fee for redelivery or waiting is requested only if the Buyer has been told in advance and has given explicit consent; if consent is not given, no extra fee is requested (Regulation Article 19).

6.6. Risk: The Seller is liable for loss and damage occurring before the Product is delivered to the Buyer or to a third party designated by the Buyer other than the carrier. If the Buyer asks for the goods to be sent by a carrier other than the one chosen by the Seller, the Seller is not liable for loss or damage after the Product is handed to that carrier (Regulation Article 17).

6.7. Details of delivery and returns are on the Returns and delivery terms page.

Article 7 – Right of withdrawal

7.1. If the Buyer is a consumer, the Buyer has the right to withdraw from the contract within fourteen days without giving any reason and without paying a penalty. The withdrawal period starts on the day the Product is delivered to the Buyer or a third party designated by the Buyer; handing the Product to a carrier by the Seller is not treated as delivery to the Buyer. For Products delivered separately under a single order, the day the last Product is delivered counts; for a Product made up of several parts, the day the last part is delivered. The Buyer can also exercise the right between the formation of the contract and delivery (Regulation Article 9).

7.2. The withdrawal notice is sent to the Seller in writing or by durable medium before the period expires: e-mail info@ismetpeyzaj.com, address: Çiftlik Mahallesi, İhsaniye Adnan Menderes Caddesi No: 339, Gölcük / Kocaeli. The sample withdrawal form in Annex 2 may be used; a clear statement of the decision to withdraw is also sufficient (Regulation Article 11).

7.3. The Seller confirms receipt of the withdrawal notice to the Buyer without delay. On withdrawal the Seller refunds all payments collected, including delivery costs, in a single payment, in a manner appropriate to the Buyer's payment method and without placing any cost on the Buyer, within fourteen days from the date the Product is delivered to the carrier named for returns; if withdrawal is exercised before delivery, this period runs from receipt of the notice (Regulation Article 12).

7.4. Unless the Seller offers to collect the Product itself, the Buyer returns the Product to the Seller or a person the Seller authorises within fourteen days of sending the withdrawal notice. The Seller has not named a carrier for returns in the pre-contract information; therefore no return cost can be requested from the Buyer (Regulation Article 12/5). After receiving the withdrawal notice the Seller tells the Buyer whether the Seller will collect the Product from the address or a carrier will be used for the return; the method of taking back the Product is determined between the Seller and the Buyer in this way. No return cost can be charged to the Buyer when the Product is sent back with the carrier the Seller names. If the Buyer uses the Product within the withdrawal period in line with its operation, technical features and instructions for use, the Buyer is not liable for resulting changes and deterioration (Regulation Article 13).

Article 8 – Cases where the right of withdrawal cannot be used

8.1. Under Article 15 of the Regulation, unless the parties agree otherwise, the consumer cannot use the right of withdrawal in particular for: goods prepared to the Buyer's wishes or personal needs; goods that spoil quickly or whose expiry date may pass; goods whose protective elements such as packaging, seal or wrapping have been opened after delivery and whose return is not suitable for health and hygiene reasons; goods that after delivery are mixed with other products and by their nature cannot be separated.

8.2. If a Product falls within one of these exceptions and the right of withdrawal cannot be used, the Seller states this clearly before ordering, on the product page and in the Pre-Contract Information (Regulation Article 5/1-h). For Products for which no such statement has been made, the Buyer's right of withdrawal is reserved, for the fourteen-day period and on the terms of this agreement. For Products outside the scope of the right of withdrawal, the Seller may, at its own discretion and after assessing the circumstances, offer a return or exchange; this does not affect the Buyer's rights on defective goods.

8.3. Where the Buyer is not a consumer, Article 7 and this Article do not apply (Article 1.2).

Article 9 – Defective goods

If the Product does not have the characteristics agreed at delivery, or objectively lacks the characteristics it should have, the consumer Buyer may choose one of these options under Article 11 of Law No. 6502: withdraw from the contract; ask for a price reduction in proportion to the defect; ask for free repair if it does not require excessive cost; or, where possible, ask for replacement with a defect-free equivalent. Defects that appear within six months of the delivery date are presumed to have existed at delivery; liability for defective goods is subject to a two-year limitation period from delivery (Articles 10 and 12). For live Products, whether a defect existed at delivery or arose later from care or conditions of use is assessed according to the circumstances of the case. Requests can be sent to info@ismetpeyzaj.com or by telephone to +90 543 309 32 56. Details are on the Returns and delivery terms page.

Article 10 – Force majeure

If delivery is delayed by events outside the parties' control and not foreseeable, such as natural disaster, extraordinary weather or road closure, the Seller notifies the Buyer without delay and sets a new delivery date. This provision does not remove the consumer Buyer's right under Article 16 of the Regulation to terminate the contract and ask for a refund.

Article 11 – Protection of personal data

The Buyer's personal data is processed for the formation and performance of the contract, delivery, issuing documents and legal obligations, in line with Law No. 6698, as described in the Privacy notice.

Article 12 – Dispute resolution

For disputes arising from this agreement, the consumer Buyer may apply to the consumer arbitration committee in the place of residence or where the consumer transaction was made, for disputes below the monetary limit announced each year by the Ministry of Trade; for disputes above that limit, and except for the exceptions in Article 73/A of Law No. 6502, the Buyer may apply to the consumer court after first applying to a mediator (Law No. 6502 Articles 68, 73 and 73/A; Regulation Article 5/1-k). Consumer cases can also be filed in the consumer court of the Buyer's place of residence.

Article 13 – Entry into force

Before confirming the order on the Site, the Buyer declares that they have read, understood and electronically accepted all the articles of this agreement and the Pre-Contract Information in Annex 1. The agreement enters into force at the moment stated in Article 4.4.

Annex 1 – Pre-contract information form

Subject	Information
Basic characteristics of the Product	The name, size, nature and stock/sourcing information of each Product are on the relevant product page and in the Order Summary.
Identity of the Seller	Salim Ayaz, sole proprietorship operating under the brand "İsmet Peyzaj" · Gölcük Tax Office · Tax identification number: 1080066826
Contact details	Çiftlik Mahallesi, İhsaniye Adnan Menderes Caddesi No: 339, Gölcük / Kocaeli · +90 543 309 32 56 · info@ismetpeyzaj.com
Contact for complaints	Complaints are sent to the contact details above.
Total price including all taxes	Prices include VAT. The Product price, any delivery fee and discount are shown as the total price in the Order Summary before the order is confirmed.
Additional cost of the means of distance communication	The Seller places no additional communication cost on the Buyer (internet access charges are the Buyer's operator's).
Payment, delivery and performance; complaint resolution method	Explained in Articles 5 and 6. Accepted payment instrument: bank transfer/EFT (to the bank account the Seller notifies after the order). The delivery area and any cargo restriction are shown on the product page. Standard delivery target 3–5 business days, maximum period 30 days from the order. Complaints are sent through the contact details above.
Right of withdrawal: conditions, period, procedure; return carrier	14 days for consumers; Article 7. No carrier has been named for returns; no return cost is requested from the Buyer.
Address for the withdrawal notice	Çiftlik Mahallesi, İhsaniye Adnan Menderes Caddesi No: 339, Gölcük / Kocaeli · info@ismetpeyzaj.com
Cases where the right of withdrawal cannot be used	Article 8. Products for which the right of withdrawal cannot be used are stated before ordering on the product page and in this information; for Products for which no statement is made, the right of withdrawal is reserved.
Deposits or financial guarantees	No deposit or financial guarantee is provided for under this agreement.
Digital content / compatibility	The Products under the contract are not digital content; this information does not apply.
Dispute resolution routes	A consumer Buyer may apply to the consumer arbitration committee, or to the consumer court after applying to a mediator as required by Article 73/A of Law No. 6502 (Article 12).

Annex 2 – Sample withdrawal form

(Complete and send this form only if you wish to withdraw from the contract.)

• To: Salim Ayaz – İsmet Peyzaj, Çiftlik Mahallesi, İhsaniye Adnan Menderes Caddesi No: 339, Gölcük / Kocaeli · info@ismetpeyzaj.com
• I hereby give notice that I withdraw from my contract of sale of the following goods.
• Date of order or delivery, and order number:
• Goods concerned and their price:
• Name and surname of the consumer:
• Address of the consumer:
• Signature of the consumer (only if sent on paper):
• Date: